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deficiencies or inconsistencies therein which prohibit or limit full compliance with the purposes and provisions of the Act. A report on this review and the corrective actions taken or planned, including such measures to be proposed to the President as may be necessary to bring their authority and policies into conformance with the intent, purposes, and procedures of the Act, shall be provided to the Council on Environmental Quality not later than September 1, 1970.

(e) Engage in exchange of data and research results, and cooperate with agencies of other governments to foster the purposes of the Act. (f) Proceed, in coordination with other agencies, with actions required by section 102 of the Act.

SEC. 3. Responsibilities of Council on Environmental Quality. The Council on Environmental Quality shall:

(a) Evaluate existing and proposed policies and activities of the Federal Government directed to the control of pollution and the enhancement of the environment and to the accomplishment of other objectives which affect the quality of the environment. This shall include continuing review of procedures employed in the development and enforcement of Federal standards affecting environmental quality. Based upon such evaluations the Council shall, where appropriate, recommend to the President policies of environmental quality and shall, where appropriate, seek resolution of significant environmental isssues.

(b) Recommend to the President and to the agencies priorities among programs designed for the control of pollution and for enhancement of the environment.

(c) Determine the need for new policies and programs for dealing with environmental problems not being adequately addressed.

(d) Conduct, as it determines to be appropriate, public hearings or conferences on issues of environmental significance.

(e) Promote the development and use of indices and monitoring systems (1) to assess environmental conditions and trends, (2) to prédict the environmental impact on proposed public and private actions, and (3) to determine the effectiveness of programs of protecting and enhancing environmental quality.

(f) Coordinate Federal programs related to environmental quality. g) Advise and assist the President and the agencies in achieving international cooperation for dealing with environmental problems, under the foreign policy guidance of the Secretary of State.

(h) Issue guidelines to Federal agencies for the preparation of detailed statements on proposals for legislation and other Federal actions affecting the environment, as required by section 102(2) (C) of the Act.

(i) Issue such other instructions to agencies, and request such reports and other information from them, as may be required to carry out the Council's responsibilities under the Act.

(j) Assist the President in preparing the annual Environmental Quality Report provided for in section 201 of the Act.

(k) Foster investigations, studies, surveys, research, and analyses relating to (i) ecological systems and environmental quality, (ii) the impact of new and changing technologies thereon, and (iii) means of preventing or reducing adverse effects from such technologies.

SEC. 4. Amendments of E. 0. 11472. Executive Order No. 11472 of May 29, 1969, including the headings thereof, is hereby amended:

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(1) By substituting for the term "the Environmental Quality Council", wherever it occurs, the following: "the Cabinet Committee on the Environment”.

(2) By substituting for the term "the Council", wherever it occurs, the following: "the Cabinet Committee".

(3) By inserting in subsection (f) of section 101, after “Budget,", the following: "the Director of the Office of Science and Technology,"

(4) By substituting for subsection (g) of section 101 the following:

"(g) The Chairman of the Council on Environmental Quality (established by Public Law 91-190) shall assist the President in directing the affairs of the Cabinet Committee.'

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(5) By deleting subsection (c) of section 102.

(6) By substituting for "the Office of Science and Technology", in section 104, the following: "the Council on Environmental Quality (established by Public Law 91-190)”.

(7) By substituting for "(hereinafter referred to as the 'Committee')", in section 201, the following: "hereinafter referred to as the 'Citizens' Committee')”.

(8) By substituting for the term "the Committee”, wherever it occurs, the following: "the Citizens' Committee".

THE WHITE HOUSE.

RICHARD NIXON.

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AEC LEGAL ANALYSIS OF THE NATIONAL ENVIRON-MENTAL POLICY ACT OF 1969

This analysis will consist of a review of the provisions and legisla-tive history of the National Environmental Policy Act of 1969, P.L.. 91-190, 83 Stat. 852 (1970) (formerly S. 1075, 91st Cong., 1st Sess. (1969)) [hereinafter cited as the "Act"], and a discussion of the effect of the Act on the activities of the AEC.

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I. GENERAL BACKGROUND AND BRIEF LEGISLATIVE HISTORY

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S. 1075 was introduced on February 18, 1969, by Senator Jackson D-Wash., and referred to the Senate Committee on Interior and Insular Affairs. The bill as introduced was substantially different from the bill as reported by the Committee and passed by the Senate. Hearings on S. 1075 and two related bills introduced by Senators Nelson, D-Wisc., (S. 1752), and McGovern, D-S.D., (Š. 237), were held on April 16, 1969, before the full Committee on Interior and Insular Affairs. At the hearings, spokesmen for the Administration indicated opposition to the measure on the ground that the roleof the Council on Environmental Quality which would be established by the bill in the Executive Office of the President would duplicate the role of an "Environmental Quality Council” which the President was planning to establish. However, these same spokesmen indicated general support for a declaration of a national environmental policy. On May 29, 1969, Senator Jackson introduced an amendment to S. 1075 which incorporated into Title I of the bill an elaborate declaration of national environmental policy. On June 18, 1969, the measure was considered by the Committee in executive session and ordered reported ot the Senate. However, at the request of the Director of the Office of Science and Technology and representatives. of the BOB, the Committee voted on July 8, 1969, to reconsider the measure for the purpose of considering additional amendments. These amendments were proposed by the BOB in a July 7, 1969, letter to Senator Jackson, the Committee Chairman. The BOB proposed

1115 Cong. Rec. $1780 (daily ed., February 18, 1969).

2 National Environmental Policy, Hearings Before the Committee on Interior and Insular Affairs, United States Senate, on §. 1075, S. 237, and S. 1752, 91st Cong., 1st Sess. (1969) [hereinafter cited as "Hearings”). See also Joint House-Senate Colloquim to Discuss a National Policy for the Environment, Hearings Before the Committee on Interior and Insular Affairs, United States Senate, and the Committee on Science and Astronautics, U.S. House of Representatives, 90th Cong., 2d Sess. (1968).

The "Council on Environmental Quality” was changed to the "Board of Environmental Quality Advisers” in S. 1075 as reported and passed by the Senate. The conferees changed the name back to “Council on Environmental Quality.”

4 An "Environmental Quality Council” and a “Citizens' Advisory Committee on Environmental Quality" were both established by Executive Order 11472 on May 29, 1969. Hearings at 3, 6, 7, 73, 84, 90, 95.

115 Cong. Rec. S5995 (daily ed., June 5, 1969); 115 Cong. Rec. S5819 (daily ed., May 29, 1969).

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amendments to Titles I and II of S. 1075 were adopted while the BOB proposed amendments to Title III were adopted in part and rejected in part. Following the adoption of other amendments suggested by members of the Committee, the measure was again ordered reported to the Senate on July 8, 1969. The Report was filed in the Senate on July 9, 1969, and, upon the grant of a unanimous consent request that it be considered, the bill was passed by the Senate the next day."

The House version of the measure was H.R. 12549, a bill introduced by Congressman Dingell, D-Mich., on July 1, 1969, and referred to the House Committee on Merchant Marine and Fisheries. H.R. 12549 contained nothing similar to the declaration of policy in Title I of S. 1075 in the form in which S. 1075 passed the Senate. Numerous other bills substantially identical to H.R. 12549 were also introduced and referred to Merchant Marine and Fisheries.10 In addition, bills with an elaborate declaration of national environmental policy substantially identical to that in S. 1075 as passed by the Senate were introduced and referred variously to the House Committees on Science and Astronautics,11 Merchant Marine and Fisheries,12 Interior and Insular Affairs,18 and Government Operations.14 Because of a question over which committee or committees had legislative jurisdiction over the subject matter of the bill, S. 1075 as passed by the Senate was not referred to any House committee, but rather held on the Speaker's table.15 H.R. 12549 was reported to the House on July 11, 1969,16 and passed by the House, with amendments, on September 23, 1969. Passage of H.R. 12549 was then vacated, S. 1075 taken from the Speaker's table, amended by substituting the text of the House-passed bill H.R. 12549, and passed by the House as so amended. The House then insisted upon its amendments to the Senate-passed S. 1075, requested a conference with the Senate, and appointed conferees.17

Because of the possible overlap between the Board of Environmental Quality Advisors which would have been established by Title III of the Senate-passed S. 1075,18 and the Office of Environmental Quality which would have been established by Title II of S. 7,19 the provisions of S. 1075 came up for discussion on the Senate floor during Senate consideration of S. 7. During consideration of S. 7, an amended ver

7 The information as to Committee reconsideration of the measure was obtained from the Senate Report and from an exhibit inserted into the Congressional Record by Senator Jackson in connection with instructions to the conferees on S. 1075 and debate on S. 7. 115 Cong. Rec. S12124 (daily ed., October 8, 1969). The BOB letter of July 7, 1969, is printed in S. Rep. No. 91-296, 91st Cong., 1st Sess. (1969).

S. Rep. No. 91-296, 91st Cong., 1st Sess. (1969); 115 Cong. Rec. S7726 (daily ed., July 9, 1969).

115 Cong. Rec. $7813 (daily ed., July 10, 1969).

10 These included H.R. 13042, H.R. 12603, H.R. 12932, H.R. 12928, H.R. 12877, H.R. 12573, H.R. 12527. H.R. 12525, H.R. 12511, H.R. 12507, H.R. 12506, H.R. 12503, H.R. 12228, H.R. 12209, H.R. 12207, H.R. 12180, H.R. 12077, H.R. 11942, and H.R. 11886.

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13 H.R. 12900 (Saylor, R-Pa.) and H.R. 11937 (Foley, D-Wash.).

14 H.R. 11952 (Reuss, D-Wisc.). Hearings on H.R. 11952 were held on July 9, 1969, before the Committee.

15 This was apparently done upon a determination that S. 1075. as passed by the Senate, was "substantially the same as" H.R. 12549 as reported. See House of Representatives Rule XXIV, cl. 2.

16 H.R. Rep. No. 91-378, 91st Cong., 1st Sess. (1969).

17 115 Cong. Rec. H8263 (daily ed., Sept. 23, 1969).

10 S. 7 was introduced by Senator Muskie, D-Maine, on January 15, 1969. The provisions of S. 7 establishing an Office of Environmental Quality in the Executive Office of the President first appeared in the bill as reported by the Senate Public Works Committee on August 7, 1969. S. Rep. No. 91–351, 91st Cong., 1st Sess. (1969).

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sion of Title II of S. 7 was agreed upon, the Senate formally disagreed to the House amendments to S. 1075, agreed to the House request for a conference on the measure, appointed Senate conferees, and then instructed these conferees to insist upon an amended version of S. 1075 (different from the Senate or House-passed versions) in the conference.20

A Conference Report and accompanying Statement by the House conferees were filed in the House on December 17, 1969.21 The version of the bill recommended by the conferees generally followed the lines of the Senate-passed version but differed in several specifics both from the Senate-passed version and from the version the Senate conferees had been instructed to insist upon. The Conference Report was filed in and agreed to by the Senate on December 20, 1969,22 and the Report was agreed to by the House on December 22, 1969.23

The President approved the measure on January 1, 1970.

II. DISCUSSION

PART 1. EFFECT ON AEC'S REGULATORY ACTIVITIES

Insofar as the AEC's regulatory activities are concerned, the Act raises two principal questions: (1) whether the Act enlarges the substantive regulatory authority of the AEC beyond matters of radiological health and safety and the common defense and security, and (2) whether any of the AEC's regulatory activities would constitute a "major Federal action significantly affecting the quality of the human environment" within the meaning of section 102(2) (C) of the Act.

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A. The Senate-passed Version

(1) Effect on AEC's Regulatory Authority

The version of S. 1075 as passed by the Senate on July 10, 1969, is attached to this analysis as Annex 1. The overwhelming weight of evidence in the legislative history of the bill at this point supported an interpretation of the bill that would enlarge the regulatory authority of Federal agencies such as the AEC. In fact, particular attention was directed to the AEC at the hearing when the general outline of a possible national environmental policy was discussed:

Senator JACKSON. I am wondering if we might not broaden the policy provision in the bill so as to lay down a general requirement that would be applicable to all agencies that have responsibilities that affect the environment rather than trying to go through agency by agency.

I think the immediate example that comes to my mind and has to yours already by the statement is that the Atomic Energy Commission, in granting permits or licenses in connection with nuclear powerplants, should be required to make an environmental finding.

This, of course, might be applicable to the Federal Power Commission. One can go on down the list of agencies. I am trying to avoid a recodification of all of the statutes. Instead, maybe the Bureau of the Budget could be given the authority to deal with this problem in a broad discretionary way in which

20 S. 1075 was discussed in 115 Cong. Rec. S12108-S12147 (daily ed., October 8, 1969). The amended version of S. 1075 is printed in 115 Cong. Rec. S12109 (daily ed., October 8, 1969). 115 Cong. Rec. H12633 (daily ed., December 17, 1969), H.R. Rep. No. 91-765, 91st Cong., 1st Sess. (1969).

22 115 Cong. Rec. S17462 (daily ed., December 20, 1969). 23 115 Cong. Rec. H13096 (daily ed., December 23, 1969).

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